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B-298099.4 1 (2006-11-28)

handle is hein.gao/gaocrptasov0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to a
                                                       GAO Protective Order. This redacted version has been
                                                       approved for public release.

          Decision

          Matter of: Overlook Systems Technologies, Inc.

          File:        B-298099.4; B-298099.5

          Date:        November 28, 2006

          Drew A. Harker, Esq., Jennifer A. Frericks, Esq., Joan G. Ochs, Esq., Matthew H.
          Solomson, Esq., and Chad E. Miller, Esq., Arnold & Porter, for the protester.
          Jessica C. Abrahams, Esq., and Jeniffer M. De Jesus Roberts, Esq., McKenna Long &
          Aldridge, for LinQuest Corporation, an intervenor.
          Michael J. O'Farrell, Jr., Esq., and Maj. Stacie A. Remy, Department of the Air Force,
          for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's contention that the agency failed to adequately mitigate the risk of
          organizational conflicts of interest (OCI) associated with the selection of the
          awardee is denied where the record shows that: the contracting officer reasonably
          concluded that the risk of a conflict of interest in this procurement is not great; the
          agency requested a detailed OCI mitigation plan from the awardee and sought
          additional information about, and modifications to, the plan; and the contracting
          officer reasonably concluded, after performing a detailed analysis, that the modified
          plan--together with certain steps designed to increase agency oversight of the
          contractor--was sufficient to protect the government's interest.

          2. Protester's contention that the agency improperly held discussions with only the
          awardee while exchanging information about the adequacy of the awardee's plan to
          mitigate the risk of an OCI, and thus should have held discussions with the protester
          as well, is denied; a contracting officer's consideration of whether a contractor is
          eligible for award despite an OCI is analogous to a responsibility determination, and
          the exchanges here--like a request for information that relates to an offeror's
          responsibility, rather than proposal evaluation--did not constitute discussions.
          DECISION

          Overlook Systems Technologies, Inc. renews its protest of the award of a contract to
          LinQuest Corporation by the Department of the Air Force pursuant to request for
          proposals (RFP) No. FA2550-05-R-2000, issued to procure support services for the

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